Conflict with Judiciary

The Shifting Sands of Power: Examining the Conflict Between Executive and Judiciary The relationship between the executive and judicial branches of government is a delicate dance, one that requires a careful balance of power to ensure the smooth functioning of a democracy. However, this balance can be disrupted when conflicts arise, leading to tensions and … Read more

Right to Constitutional Remedies (Article 32)

The Right to Constitutional Remedies: A Cornerstone of Indian Democracy The Indian Constitution, a document that lays the foundation for a vibrant and democratic nation, enshrines a unique and powerful right: the Right to Constitutional Remedies. This right, enshrined in Article 32, empowers citizens to approach the Supreme Court directly for the enforcement of their … Read more

Separation of Powers Between Various Organs

The Separation of Powers: A Cornerstone of Modern Governance The concept of the separation of powers, a fundamental principle of modern governance, is a cornerstone of democratic societies. It advocates for the division of governmental authority among distinct branches, each with its own specific functions and responsibilities. This division aims to prevent the concentration of … Read more

Doctrine of Proportionality

The Doctrine of Proportionality: Balancing Harm and Necessity in International Law The doctrine of proportionality, a cornerstone of international law, governs the use of force and other measures in armed conflict and international relations. It dictates that the harm inflicted by any action must be proportionate to the legitimate military or political objective pursued. This … Read more

Administrative Adjudication: Various types of Administrative Tribunals in India

ADMINISTRATIVE ADJUDICATION Administrative adjudication is a name give to the administrative exercise of judicial functions. It is a name given to the various ways of deciding disputes outside the ordinary courts. Administrative adjudication is constitutional, though it is a negation of the principle of Separation of Powers. Administrative adjudication is the participation or involvement of … Read more

Public Acts, Records and Judicial Proceedings (Article 261)

Public Acts, Records, and Judicial Proceedings: A Deep Dive into Article 261 of the Uniform Commercial Code The Uniform Commercial Code (UCC) is a comprehensive set of laws governing commercial transactions in the United States. Article 261, specifically, deals with the crucial aspect of proving facts in commercial disputes. It outlines the rules surrounding the … Read more

Judicial Activism

 Judicial Activism Judicial activism, an approach to the exercise of Judicial Review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. Although debates over the proper role of the judiciary date to the founding … Read more

Administrative Tribunals

Administrative Tribunals: A Vital Pillar of the Modern Administrative State Introduction The modern administrative state is characterized by a complex web of regulations and agencies tasked with implementing and enforcing them. This intricate system necessitates a specialized mechanism for resolving disputes arising from administrative actions. Enter administrative tribunals, quasi-judicial bodies empowered to adjudicate disputes between … Read more

Subordinate Judiciary

Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of Subordinate Courts and to ensure their independence from the executive . Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their … Read more

Role of Supreme Court in evolution of basic provisions of Constitution

Basic Structure The Basic Structure Doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. Key among these “basic features”, are the Fundamental Rights granted to individuals by the constitution. The doctrine thus forms the basis of a limited … Read more

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